2017 QCCQ 14810, 2017 QCCQ 14810

Conte c. Nguyen 2017 QCCQ 14810 COURt of QUeBEC (Division pratique) CANADA PROVINCE of quebec DISTRICT of MONTRÉAL « Civil Division »

N° : 500-22-242227-174 DATE : October 31, 2017 ______________________________________________________________________ In the presence of the honourable SYLVAIN COUTLÉE, J.C.Q. ______________________________________________________________________ claudia conte Plaintiff c. thi hoa nguyen -and- le thi thuy ny Defendants ______________________________________________________________________ JUdGMENT on originating application and safeguard order ______________________________________________________________________ [ 1 ] WHEREAS on October 6th, 2017, the Court was seized to pronounce on an Originating Application and Safeguard Order (hereinafter the “Application”); [ 2 ] WHEREAS the Honourable Judge Nathalie Challifour (J.C.Q.) postponed the presentation of the safeguard order to October 25th, 2017; [ 3 ] WHEREAS the Honourable Judge Sylvain Coutlée (J.C.Q.) postponed the presentation of the safeguard order to October 27th, 2017; [ 4 ] WHEREAS the Defendants failed to answer the summons within the time limit; [ 5 ] WHEREAS on October 26th, 2017, the Plaintiff set the case down for judgment by default; [ 6 ] GIVEN the serious allegations contained in the Application and the exhibits in support of same; [ 7 ] GIVEN the affidavit of the Plaintiff filed in support of the Application; [ 8 ] WHEREAS the facts alleged in the Application and the affidavit justify the issuance of the final judgment; FOR THESE REASONS, THE COURT: TAKES NOTICE of the expiration of the Original Lease, Addenda and Sub-Lease binding the parties for the Leased Premises as of Sunday, October 1 st , 2017; ORDERS the Defendants to surrender and evict the Leased Premises within twenty-four (24) fours of the services of the safeguard order; In the event where the Defendants do not voluntarily surrender and evict the Leased Premises, ORDERS the immediate eviction from the Leased Premises; ORDERS the removal, if necessary, of all property that may be in the Leased Premises through a bailiff designated by the Plaintiff at the expense of the Defendants; ALLOWS the designated bailiff, to place all the property that could be removed at the risk of the Defendants and to use the services of a locksmith and police forces; ORDERS the Defendants to pay the terrace permits for the years 2016 and 2017 in the amount of $2,188.71 to the City of Montreal; ORDER the Defendants to pay the Plaintiffs the amount of $23,746.62, plus the additional indemnity provided by law, to accrue from the date of October 4 th , 2017; ORDERS the provisional execution notwithstanding appeal; THE WHOLE with costs.

__________________________________ SYLVAIN COUTLÉE, J.C.Q. morrone avocats inc. Lawyers for the Plaintiff 1120, boulevard René-Lévesque E Montréal (Québec) H2L 0E1 Court date : October 27, 2017